Anderson v. Caldwell

(After stating the foregoing facts.) It seems to be the settled law of this State that a widow and the heirs at law of a decedent may enter into an agreement, voluntary and binding, whereby she is to take and receive a stipulated portion of the estate in lieu of any of her rights as a widow, including the provision for a year’s support. The agreement could of course be set aside if it were made to appear that it was induced by ignorance of her rights and of the condition of the estate amounting to accident or mistake, or if it were shown that it was procured by fraud or duress. Giles v.…